Johanna Leonard, Community Development Director Scott Mangum, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner

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1 Memorandum To: From: Subject: Chair and Members of the Plan Commission Johanna Leonard, Community Development Director Scott Mangum, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Planned Development 601 Davis Street, 15PLND-0117 Date: November 22, 2017 Request The applicant is requesting approval of a Planned Development and Special Uses in order to construct a 33-story, 318-unit residential building with 7,481 square feet of ground floor commercial space (including a drive through for a financial institution, Chase Bank) and 176 parking spaces. The applicant seeks site development allowances for: 1) Number of dwelling units (318 where 93 allowed); 2) Floor Area Ratio (approximately where 8.0 allowed as a site development allowance); 3) Building height (313-feet, excluding 40 feet of parking floors, where 220-feet allowed as a site development allowance); 4) Number of parking spaces (176, including 36 compact, where 267 required); 5) A curb cut/driveway on Davis Street, where it is not allowed (between building and ROW); 6) 5 total loading berths required (1 commercial, 1 university, 3 residential), 3 total loading berths proposed (1 existing); 7) A ziggurat setback of 29.3' at 58' building height along Davis Street where 40' at 42' building height is required; and 8) A ziggurat setback of 21.6' at 58' building height along North property line where 25 ziggurat setback required above 42 along north property line (interior side yard). In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Notice The Application has been filed in conformance with applicable procedural and public notice requirements. General Information Page 1 of 14

2 Applicant: Owner(s): David Cocagne Vermilion Enterprises, LLC 401 N. Franklin St, Suite 4 South Chicago, IL Wayne Hummer Trust u/t/a/ Martha Koch P.O. Box 190 Lake Forest, IL J.P. Morgan Chase Bank, NA Greg Coleman El Toro Road, Floor 2 Laguna Hills, CA Existing Zoning: D3 Downtown Core Development District D2 Downtown Retail Core District Existing Land Use: Commercial and Vacant Property Size: 27,841 sq. ft. (0.64 acres) PINs: , , , , , Surrounding Zoning and Land Uses Zoning Land Use North D3, Downtown Core Development Residential, Commercial (Apartment Building, Retail) South D2, Downtown Retail Core Commercial (Retail, Office) East D4, Downtown Transition Residential, Commercial (The Merion, Retail) West D3, Downtown Core Development Commercial (Restaurant, Office) Analysis Project Description The applicant is proposing to construct a 33-story, 318-unit residential building with 7,481 square feet of ground floor commercial space (including a drive through for a financial institution, Chase Bank) and 176 parking spaces. Page 2 of 14

3 601 Davis Street Proposed Planned Development The site consists of five parcels north of Davis Street and west of Chicago Avenue for a total of.64 acres. It is improved with the two-story Evanston landmarked University Building (which includes commercial uses), a small vacant lot, and a Chase Bank drive through facility. The uses surrounding the site include several 2 to 4 story buildings housing retail, restaurant and office uses directly south of Davis Street. To the east is the nine-story Merion retirement building with some ground floor retail. Just north of the site on the same side of the street is a parking deck with some existing retail uses along Chicago Avenue, the Park Evanston apartment building and the Whole Foods grocery store. To the immediate west is the Chase Bank plaza and office building. Site Layout: The site is a rectangular shaped area with approximately 132 feet of frontage along Chicago Avenue and approximately 210 feet of frontage on Davis Street. The development consists of the existing 2-story University Building which is at the northwest corner of Chicago Avenue and Davis Street and will remain. The massing of the proposed building is in 2 sections: a five-story brick veneer building housing the commercial space, residential lobby area and the Chase Bank drive through on the ground floor and parking on the upper 4 levels, and a 28-story glass and metal veneer residential portion above that is set back from Davis Street and the property to the north. The lower podium portion of the new building is built to the north and south property lines. The north side of the residential tower portion of the building is set back 21 feet 7 inches from the property line while the south side of the residential portion is set back 29 feet 4 inches. The ground floor is dedicated to the 7,481 square feet of commercial space, which is Page 3 of 14

4 split by a Chase Bank drive through that creates a tunnel through the building, in addition to the residential lobby and building loading area. Each of the four parking levels will have a similar layout with 44 parking spaces each for a total of 176 parking spaces, with between 6 and 11 compact spaces per level. A loading/drop-off zone is proposed to be located just west of the lobby entrance and monitored by a concierge. Vehicular access will be from the alley just west of the property. Both the garage entrance and two loading spaces will be located at the northern end of the building. Both retail and residential trash collection will be in the loading dock area. The proposed drive through will also use the alley as an exit just south of the proposed loading areas. The building meets required setbacks for the D3 Zoning District with the exception of the required upper-level ziggurat setbacks along Davis Street and the north property line. The actual building height is 353 feet with four stories of parking. The height of the floors dedicated to parking may be deducted from the maximum height allowed, up to 40 feet, per Section With this reduction the portion of the building that counts toward the maximum height requirement is 313 feet tall, which exceeds the permitted 220 feet with site development allowances. This podium portion of the building is built to the west, north and south property lines, and is set back 59 feet from the east property line (approximately the width of the University Building). Proposed First Floor Plan The applicant will install new streetscape elements along Chicago Avenue and Davis Street including a new approximately 19-foot wide public sidewalk protecting the existing 2 trees and installing 12 new bike racks for building visitors along Chicago Page 4 of 14

5 Avenue and a new 7-foot wide sidewalk along Davis Street with 6 new street trees. A bike room with 118 bike parking spaces for building residents will be located on the ground floor of the building. Compliance with the Zoning Ordinance The intent of the D3 Downtown Core Development district is: to provide for the highest density of business infill development and large scale redevelopment within downtown Evanston. The district is also intended to encourage and sustain mix of office, retail, and residential uses. Planned developments are encouraged as a special use in the D3 district. Where D3 zoned lots or areas are overlaid with the ord redevelopment overlay district designation, a planned development is required in order to ensure that proposed development in these areas is consistent with the objectives and policies of the adopted "plan for downtown Evanston." Planned Development The applicant is requesting Special Use approval for a Planned Development and Drive through to construct the 33-story (313-foot high) multiple-family building with 318 dwelling units, 7,481 square foot commercial space and 176 parking spaces. The applicant is requesting approval of eight site development allowances: Site Development Allowances Requested Required / Max. Permitted in the D3 District Site Development Allowance Proposed Exceeds Max Site Development Allowance Number of dwelling units/ Lot Size 93 (300 sq. ft. /DU) no max 318 N/A Building Height 85 feet (not including up to 4 floors of parking) 220 feet= (not including up to 4 floors of parking) 313 feet (353 feet including parking levels) Yes Floor Area Ratio = Yes # of parking spaces 267 N/A 176 N/A # of loading berths 5 N/A 3 (one existing) N/A Curb Cut/driveway No curb cut or driveway access N/A Drive-through driveway N/A Page 5 of 14

6 between building and ROW allowed between building and ROW access between building and ROW off of Davis St Ziggurat setback (north property line) 25 ft. at a height of 42 ft. N/A 21.6 ft. at 58 ft. building height N/A Ziggurat setback (Davis St) 40 ft. at a height of 42 ft. N/A 29.3 ft. at 58 ft. building height N/A It should be noted that in Downtown Districts, building levels with at least 75% of the gross floor area dedicated to parking are excluded in the zoning calculation of building height. In this case, the actual building height is 353 feet, however discounting the parking levels, the zoning height is then reduced to 313 feet. Because the proposed development significantly exceeds the site development allowances set forth in Section (C) for building height and FAR a super-majority (two-thirds) vote by the City Council is required for approval. The proposal will meet other bulk requirements of the Zoning Ordinance. Major bulk requirements for the D3 Zoning District are outlined below: 601 Davis Street Zoning Requirements Building Required / Max. Permitted Proposed Front Setback 0 ft. 0 ft. Rear Setback 0 ft. 0 ft. Parking and Traffic Based on the number and type of dwelling units proposed (58 studio units, 136 onebedroom units, 98 two-bedroom units and 26 three-bedroom units) and 7,405-square foot commercial space, the proposed building is required to have a total of 267 parking spaces. The applicant is proposing a total of 176 parking spaces (0.55 per dwelling unit and 0.38 per bedroom) for the proposed development. The applicant has submitted both a Parking Utilization Study (by the Antero Group) and Traffic Study (prepared by Kenig, Lindgren O'Hara & Aboona, Inc., or KLOA) that analyze the proposed parking arrangement. The property is located approximately ½ Page 6 of 14

7 mile from the Davis Street Metra and CTA stops. Considering that the building is located in close proximity to amenities, transit stops, multiple bus lines (CTA Bus Routes 201 and 205), an existing Divvy Bike Station at Benson Avenue and Church Street and existing car sharing stations at 1603 Orrington Avenue, Davis Street & Church Street, and Davis Street and Benson Avenue, the applicant s study concludes that the proposed parking arrangement will meet the parking demand of the building tenants. With the 176 available parking spaces on site, the proposed building will have 0.55 parking to unit ratio, and a 0.38 parking to bedroom ratio. If the project is approved, the residents of the development would not be eligible for residential on-street parking permits in the area. The applicant s Traffic Study also provides an analysis of the existing traffic conditions (including vehicle, bicycle and pedestrian traffic) and assesses the impact of the proposed development on the existing road network. Based on the traffic counts on roadways surrounding the site taken in both November 2014 and January 2017 during peak commuting periods (7:00 to 9:00 A.M. and 4:00 to 6:00 P.M.) and the adjacent public alley on November 18, 2014, the peak traffic volume is expected to occur weekday mornings between 8 am - 9 am and weekday evenings between 5 pm - 6 pm. The applicant s Parking Utilization Report looked at the following data in the downtown area. According to the most recent Census Data, 4,500 households within ½ mile of the site, or 31% do not own a vehicle. Also, 57% of downtown residents use alternative modes of transportation to and from work, resulting in a reduction in the traffic generated by nearby residential developments. It should be noted that some of the data may capture Northwestern University housing. The applicant s traffic study s projected traffic conditions include the existing traffic volumes in the area, background growth from regional growth and recently approved/constructed planned developments and vehicle traffic estimated to be generated from the new development. Considering this, the location of the development within a denser area and proximity to amenities and other modes of transportation, the anticipated morning and evening peak hour traffic is reduced by 50% (60% for commercial uses). As a result, the traffic study anticipates approximately 92 new trips generated by the development during the morning peak hour and 132 vehicular trips during the evening peak hour on weekdays. The provided traffic study also indicates that with the addition of development traffic, all surrounding streets will continue to operate at generally similar acceptable levels of service. It recommends that the pedestrian countdown timers be added to all signalized intersections within the study area in addition to added green time for the northbound left turn phase at Chicago Avenue and Davis Street signalized intersection at Chicago Avenue and Davis Street in order to reduce queueing of northbound traffic. Public Benefits Page 7 of 14

8 The applicant has committed to provide the following public benefits as part of the Planned Development proposal: 1. Up to $25,000 to support sponsorships and events in Fountain Square. 2. Up to $20,000 contribution for art featured in Fountain Square. 3. $50,000 to support biking in Evanston which may be used for a Divvy Station, bike parking near the intersection of Davis Street and Chicago Avenue, or CTA station improvements. 4. Incorporation of car-share spaces on the site. 5. Milled and repaved alley from Davis St. to the northern boundary of the project property line and milled, resurfaced, and patched Davis St. curb lane adjacent to the project 6. Streetscape improvements along Davis Street and Chicago Avenue including lighting, new sidewalk, landscaping and bollards protecting the existing bike lane. 7. Pursuit of LEED Gold Certification. 8. Utilization of measures to mitigate harm to migratory birds. 9. Commitment to hiring and working with Minority Business Enterprises (MBE) Women Business Enterprises (WBE), Disadvantaged Business Enterprises (DBE) and Small Business Enterprises (SBE) on this project. The project will include MBE/WBE subcontractors and suppliers that in aggregate make up 10% of the construction budget. 10. Contractor committed to job training and administering of Green Advantage content to subcontractors, building engineers, and interns/apprentices including a third party administered exam for Green Advantage Certified Practitioner. 11. Accommodating space within the building for an Evanston non-profit or other neighborhood tenants with a history in Evanston. 12. Upgrades to the University Building should the planned development proceed. During Design and Project Review Committee (DAPR), staff shared concerns regarding the extent of public benefits presented at that meeting for the proposed development. Many items listed in the applicant s summary of public benefits are items that are required by ordinance or would be standard occurrences with development of the land (LEED Silver certification, affordable housing, paying of taxes, elimination of blighted land, etc.). It is noteworthy to highlight that the public benefits provided to the Plan Commission have changed since the DAPR meeting. The number of site development allowances as well as the extent of the requested allowances that would require a supermajority vote from City Council, would lend itself to an increase in the proposed public benefits to mitigate the effects of the proposed development. Specifically regarding the affordable housing aspect, the project does not meet the requirements of the Inclusionary Housing Ordinance. In this case either 32 on-site affordable units would be required or a $3,200,000 fee-in-lieu to the affordable housing Page 8 of 14

9 fund. As per the attached memo from our Housing and Grants staff, the two onebedroom units and two two-bedroom apartments on-site and the $1,500,000 payment to a local non-profit do not meet the requirements. Should changes be made, the complete list of public benefits would be finalized prior to the consideration by the City Council and will be explicitly required within the Planned Development Ordinance. Compliance with the Comprehensive Plan The guiding principal of the 2000 Comprehensive General Plan is to encourage new development that improves the economy, convenience and attractiveness of Evanston while simultaneously working to maintain a high quality of life within the community where new developments should be integrated with existing neighborhoods to promote walking and the use of mass transit. The proposed development is also consistent with the Plan objective to maintain the appealing character of Evanston s neighborhoods while guiding their change. The new building will have a façade which fits within the context of the masonry construction of adjacent buildings as well as the more contemporary buildings that are along Davis Street while also providing the mixed-use amenities stated above. Additionally, the proposal will be in line with the objective to recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. The proposed Planned Development will include 7,481 square feet ground floor commercial space, however, the drive through portion is not a desired use in the downtown area. The development will however, meet the goal of protecting Evanston historic landmark structures by preserving the University Building and providing renovations should the project move forward. The proposal is largely consistent with the Plan s objective to maintain and enhance property values and positive perceptions of housing in Evanston. It will be taking an under-utilized property and replacing it with a mixed-use building that will provide both commercial space and 318 new housing units that would contribute to the City s economy and mix of housing units. As a higher density development located within walking distance of the Davis Street transit station, this Transit Oriented Development (TOD) will be consistent with the Comprehensive Plan s vision to provide higher density housing near transit stations and along major corridors. There is concern, however, that the number of units, building height, and FAR are significantly greater than what is permitted, even with development allowances. Additionally, while there are several onsite affordable housing units proposed and a payment to a local nonprofit to help combat student homelessness, this is not compliant with the Inclusionary Housing Ordinance, and a significant increase in the number of on-site affordable units (currently at four of the 318 total units) would be more immediately and continuously beneficial for residents. Page 9 of 14

10 Compliance with the 2009 Downtown Plan This site is designated as South Traditional subarea which calls for mixed-use development with heights between 3 stories (38 ft.) to 5 stories (60 ft.) to keep a walkable commercial stretch for this section of the Downtown. The podium portion of the building nearly reaches the higher end of that recommended range at 58 feet in height. While it contributes to a street level massing that more closely matches buildings across Davis Street, the overall height of the proposed development at 33 stories (353 feet with parking level height included) is above the suggested height. The Downtown Plan also highlighted the need to maintain a compact, walkable mixed-use transit oriented character while promoting sustainable development that can be an economic engine. Much of this is provided by the development, however, it is disturbed with the proposed drive through facility that breaks up the desired walkable and bikeable nature of the location. Compliance with the Design Guidelines for Planned Developments The proposed building is consistent with the Design Guidelines for Planned Developments. The proposal was reviewed by the Design and Project Review committee on October 11, 2017 and October 25, 2017 (approved minutes for both meetings are attached) and received a recommendation for denial of the project due to the proposed drive through and drop-off areas and design elements such as the mass and scale of the parking podium, impact of vehicular traffic on the surrounding area from the project (alley, pedestrian/bike interruptions), garage window coverings and site access points, and lack of public benefits to balance the site development allowance requests. The building height is significantly taller than that of Chase Bank building to the northeast and Park Evanston to the north. The five-story parking podium base uses similar materials to adjacent buildings on the block, but lacks active uses above the ground level. The exterior garage materials have since been revised to appear more like glass windows. The drive through and drop off area, though revised, still present conflict points for both bicyclists and pedestrians. Parking access is provided on the west side of the building, off of the adjacent alley, with parking spaces on the 2 nd, 3 rd, 4 th and 5 th levels of the development. The loading area and trash enclosure located on the western portion of the property will be accessed off of the alley as well as the drive through exit. An existing loading area accessed from Chicago Avenue will remain to service the University Building. The proposal will reduce the existing curb cut on Davis Street. New streetscape elements with street trees and bike parking will be installed along Chicago Avenue and Davis Street. The proposed brick and metal veneer materials are appropriate given the materials of surrounding buildings. The massing of the building is broken up into two portions. The front façade is in line with the right-of way for the first 5 stories and provides artwork visible from fountain square. The design for the residential portion of the building above has more contemporary design and is set back from Davis Street and the north property Page 10 of 14

11 line. Staff will continue to work with the applicant on the overall building design, materials and colors throughout the formal review process. Compliance with Inclusionary Housing Ordinance (IHO) The proposed development will replace an existing vacant lot and expansive drivethrough banking facility as well as preserve a landmarked two-story commercial building. The applicant will be providing four on-site affordable units (two one-bedroom units and two two-bedroom apartments) at 50%-60% Area Median Income (AMI) in addition to paying a fee of $1,500,000 directly to St. Vincent De Paul, a nonprofit that will work with the developer to create a rental assistance and homelessness prevention program. Though the initial application for a smaller 27-story, 217 dwelling unit development was received in 2015 prior to the enactment of the IHO, the City deemed that application withdrawn and believes the requirements for the IHO should be met for the current development plans as submitted for a 33-story, 318 dwelling unit development. The project does not meet the requirements of the Inclusionary Housing Ordinance. In this case either 32 on-site affordable units would be required or a $3,200,000 fee-in-lieu to the Affordable Housing Fund. Per the attached memo from Housing and Grants staff, the two one-bedroom units and two two-bedroom apartments on-site and the $1,500,000 payment to a local non-profit do not meet the requirements. Preservation Commission Review The Preservation Commission reviewed the Planned Development focusing on the impact of the project on the landmarked University Building that is inclusive of the zoning lot (601 Davis Street), regarding preservation and design issues. The Commission recommended approval of the project to the Plan Commission with conditions regarding the appearance of the parking garage and the impacts on and improvements to the University Building. These conditions are detailed in the attached meeting minutes. DAPR Committee Review The Design and Project Review Committee reviewed the proposed Planned Development on October 11, 2017 and on October 25, The Committee recommended denial of the proposed development at the October 25, 2017 meeting citing concerns with the inclusion of a drive through facility, design and scale of the parking podium, large number and extent of site development allowances and the lack of public benefits provided along other items. Standards of Approval The proposed development must satisfy the standards for Special Use in Section , the Standard for Planned Development in Section and standards and guidelines established for Planned Developments in the D3 Downtown Core Development District. (Section ) Page 11 of 14

12 Staff finds that the proposed development meets most standards for approval, however, there are several points of concern. Standards for Special Use (Section ) A Planned Development is listed as a permitted special use in the D3 Downtown Core Development district. The proposal is in keeping with the purposes and policies outlined in the Comprehensive Plan and the Zoning Ordinance. The proposed building with a ground floor commercial space will not cause a negative cumulative effect when considered in conjunction with other special uses in the area. Most other surrounding uses are commercial or mixed-use and therefore compatible with the proposed residential mixed-use building. Commercial use already exists on the site without any negative effect on surrounding uses. As such, the proposal will likely not interfere with or diminish the value of other properties in the neighborhood. It should be noted, however, that while a banking facility is permitted and could be an acceptable use at the site, a drive-through ATM is not a desirable commercial use for this site or the walkable core downtown area in general. As indicated above, the proposal can be adequately served by public facility infrastructure already available. The street and sidewalk network, as well as water, sewer, electricity and gas infrastructure already exist and service the existing building and structures on the site, however, added attention will need to be paid to the water and sewer connection due to the size of the water and sewer main near the site (per comments provided at DAPR meetings). Staff, has concerns regarding possible traffic congestion and points of conflict. The applicant has submitted a parking and traffic study that explains that there will be minimal effect to the level of service on existing surrounding roadways. The access to the parking garage will be provided via the alley as will residential and commercial loading docks. A new loading/drop-off area will be located just east of the lobby entrance near the intersection of Davis Street and Chicago Avenue and will be monitored by the building concierge. The applicant proposes to preserve an existing curb cut on Davis Street by narrowing it to accommodate the Chase Bank drive through. The combination of this drive through, the proposed drop off space and traffic from the parking garage and loading docks raises concerns of points of conflict with the existing protected bike lane along the north side of Davis Street. The site consists of the University Building, an Evanston landmarked building. The applicant proposed to keep this building as part of the development and as a public benefit, will make renovations to the building should the overall project move forward. Finally, the proposal meets all zoning requirements except for the eight site development allowances requested and outlined above. Page 12 of 14

13 Standards and Guidelines for Planned Developments in D3 District (Sections and ) The proposed Planned Development generally complies with purposes and the intent of the Zoning Ordinance. The proposal is a dense, mixed-use development that is a compatible land use with surrounding properties, however, the bulk and scale of the proposed project is significantly higher than maximum site development allowances would permit. The proposal is largely consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties with uses compatible with surrounding neighborhood. The site layout causes concern with regards to both safety and continuity of a pedestrian and walkable experience. The drive through in the middle of the development reduces the traffic flow on this block, as would the proposed drop-off lane significantly closer to the Chicago Avenue and Davis Street intersection. The alley will have a number of points of conflict with not just traffic from building tenants and trash pick-up but also with vehicles exiting the proposed drive through. The proposed site development allowances greatly exceed the maximum site development allowances permitted without Supermajority City Council approval. Recommendation Based on the analysis above, and the DAPR Committee recommendation, staff recommends the Plan Commission make a recommendation for the denial of the Special Use for the proposed Planned Development at 601 Davis Street to the City Council. Should the Commission vote to recommend approval of the project, staff believes the following conditions should be included: 1. Revision of the proposed drop-off area. 2. Compliance with the Inclusionary Housing Ordinance. 3. The proposed planned development shall substantially conform to the plans and documents attached to this report. 4. The building residents will not be eligible for residential on-street parking permits in the area. 5. The applicant must agree to a Construction Management Plan (CMP) before issuance of the building permit. 6. Any change in use must be approved as an amendment to the Planned Development. 7. Within one year of the issuance of the final Certificate of Occupancy for the building, the applicant must submit a traffic study analyzing the turning movements and parking utilization within the garage accessed off of the alley immediately west of the site including analysis of any traffic incidents adjacent to the site. Based on the analysis of the traffic study, the City reserves the right to require additional traffic calming measures. 8. Deliveries for the on-site commercial use must be performed from the alley and Page 13 of 14

14 are prohibited during the hours of 7 AM 9 AM and 4 PM 6 PM Monday through Friday. Attachments 601 Davis Street Proposed Development Plans Public Benefits Summary Memo Regarding Affordable Housing Contribution dated November 21, 2017 Market Study dated October 4, 2017 Traffic Impact Study dated October 4, 2017 Parking Utilization Report Comments received as of November 20, 2017 Approved Minutes from the October 10, 2017 Preservation Commission Meeting Approved Minutes from October 11, 2017 and October 25, 2017 DAPR Meetings Link to courbanize Project Site, including comments: Page 14 of 14

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